Author: Ahmed Naish

Failure to prosecute serious crimes tantamount to “state-sponsored terrorism,” says Nasheed

The government’s failure to investigate and prosecute serious crimes is tantamount to “deliberate state-sponsored terrorism,” contends former President Mohamed Nasheed.

In a statement issued yesterday on the occasion of International Human Rights Day (December 10), the opposition leader accused senior government officials and elements of the police of complicity in abductions, murder, arson attacks, and gang violence.

“I note that the government has not investigated such incidents that have occurred throughout the year and serious criminals are on the loose. The state has not pressed charges against them,” the statement read.

Nasheed argued that the government’s inaction has caused harm and undermined fundamental rights, calling on the public to “find courage from each other for justice and stand up against inhumane torture.”

The opposition Maldivian Democratic Party (MDP) was formed to change the old system of governance and bring an end to ill-treatment and torture inflicted on citizens by the state, the statement observed.

“Custodial abuse was stopped under the MDP’s first government. Maldivians began to find hope and courage,” it continued.

“[But] the flame of hope is again flickering out.”

At a rally held last month to celebrate the current administration’s first year in office, President Abdulla Yameen pledged to crack down on violent crime and implement the death penalty.

“We have peace and order in Malé and all regions of Maldives. We have peace. However, this is not to say that isolated and significant dangerous crimes do not occur,” he said.

Unresolved cases

Nasheed’s statement went on to list serious crimes that have occurred in 2014, stressing that the perpetrators have not been brought to justice in the majority of the cases, including the stabbing of former MDP MP Alhan Fahmy on February 2.

An expatriate lorry driver was stabbed and robbed of cash and a mobile phone on January 25, the statement continued, while two days later, three men were stabbed in separate incidents in the capital Malé.

On February 3, a minor was assaulted with a wooden plank near the Adi Park in the Henveiru ward of the capital and sustained head injuries.

While suspects were taken into custody in some of the cases, Nasheed noted that none of the arrests led to criminal prosecution.

On April 12, former Gender Minister Dr Amaal Ali was robbed at knifepoint at her residence.

“On April 4, 2014, a 79-year-old was stabbed in Gaaf Dhaalu Thinadhoo,” the statement continued. “On May 18, 2014, Mohamed Naeem, of Baa Hithaadhoo Thiraa, was stabbed and injured in an assault inside a guesthouse in Malé.”

On July 31, a 35-year-old man was stabbed to death on the island of Thulusdhoo in Kaafu atoll and the suspect voluntarily submitted to police.

Two days later, two young men were stabbed in Malé, resulting in the death of 18-year-old Mohamed Mazin while undergoing treatment for stab wounds.

In the previous week, four men and a woman were assaulted in separate incidents. While one man was mugged in the Maafanu ward, two men were stabbed in Hulhumalé, a woman was stabbed in the back in the Galolhu ward, and a fourth victim was stabbed in the Henveiru ward.

On August 23, two men and a minor were assaulted and stabbed by masked men on motorcycles in the Dhidhi Goalhi in front of Iskandhar School in Malé.

One of the victims, Ahmed Aseel, 19, later died as a result of injuries sustained in the assault.

Police intelligence suggests that the spate of violent assaults in Malé since the beginning of Eid Holidays were gang reprisals “caused by a disturbance between two groups,” Chief Inspector Abdulla Satheeh told the press at the time.

More recently, a man was injured in a violent assault on October 3, a group of girls were attacked with a chain in Raa Madduvari on October 9, and a young man was stabbed near the police tow yard in Malé on October 26.

During the past month, two men were stabbed in a café in Malé on November 2 and a young man was assaulted with an iron rod in the Galolhu ward of Malé on November 16.

Earlier in the day, an 18-year-old man was arrested after entering the Bilabong International High School with a machete during a gang fight.

On December 7, a 28-year-old man was stabbed to death in Malé near the People’s Majlis building.

Nasheed also referred to the suspected abduction of Minivan News journalist Ahmed Rilwan 125 days ago, accusing the government of both negligence in investigating the disappearance and covering up the abduction.

Moreover, in June, a vigilante mob abducted several young men in a push to identify online activists advocating secularism or professing atheism.

Nasheed noted that police did not investigate the incidents despite media reports.

“During the past year, press freedom and freedom of expression have declined. Intimidation of journalists and youth active on social media have become commonplace. The government has obstructed peaceful political activity,” the statement read.

In October, Amnesty International called on the government to “intensify efforts” to find those responsible for death threats, abductions, and violent attacks against journalists, politicians, and civil society activists.

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Parliament approves state budget for 2015 with 60 votes in favour

The People’s Majlis today approved the record MVR24.3 billion (US$1.5 billion) state budget for 2015 submitted by the government without significant changes to either spending plans or revenue forecasts.

None of the 19 amendments submitted by opposition Maldivian Democratic Party (MDP) MPs and Jumhooree Party (JP) MPs to revise the budget passed as pro-government MPs voted against all the proposals.

The ruling Progressive Party of Maldives (PPM) along with coalition partner Maldives Development Alliance (MDA) controls a combined 48 seats in the 85-member house.

The budget passed with 60 votes in favour and 19 against.

The MDP parliamentary group had issued a three-line whip for its MPs to vote against the budget if none of the proposed revisions are passed. All JP MPs, however, voted to approve the budget.

While the budget review committee completed its review process without significant revisions, pro-government MPs recommended several constitutional amendments to reduce recurrent expenditure.

During the budget debate last month, opposition MPs criticised higher taxes, deficit spending and alleged discrimination in the allocation of funds, whilst pro-government MPs praised planned capital investments and contended that the budget was balanced.

In his budget speech, Finance Minister Abdulla Jihad noted that recurrent expenditure in 2015 is expected to be MVR15.8 billion (US$1 billion) or 65 percent of the budget while the forecast for government income or revenue is MVR21.5 billion (US$1.3 billion).

Capital expenditure meanwhile accounts for 30 percent of the budget, Jihad said, which includes MVR6.3 billion (US$408 million) for the Public Sector Investment Programme (PSIP).

Jihad noted that MVR3.4 billion (US$220 million) was anticipated from new revenue raising measures, which includes revisions of import duty rates from July onward, the introduction of a ‘green tax’, acquisition fees from investments to special economic zones, income from the home ownership programme, and leasing 10 islands for resort development.

The government has since decided to reduce the green tax from the initially proposed US$10 per day to US$6 per day and exempt guest houses from the tax.

Additionally, the cabinet’s economic council yesterday decided not to impose a planned 10 percent import duty on staple foodstuff.

However, in its professional opinion on the budget, the Maldives Monetary Authority (MMA) advised against making ad hoc changes to policies that could affect projected revenue and expenditure.

“If policies are changed the budget deficit would increase and become difficult to finance,” the central bank cautioned.

The MMA also advised against launching infrastructure projects without securing financing.

Following its annual Article IV consultation, the International Monetary Fund (IMF) advised that “large capital investments should only be embarked upon when full financing is secured at affordable costs and the growth benefits clearly outweigh the costs.”

The IMF also recommended addressing the fiscal deficit by reducing public expenditure and reigning in public debt.

During the final debate at today’s sitting of parliament on the report compiled by the budget committee following its review, MPs suggested allocating funds in the 2015 state budget to ensure a permanent solution to the ongoing water crisis in the capital.

While opposition MDP MP Ibrahim Mohamed Solih recommended returning the budget to the committee for revisions, several MPs stressed the importance of establishing a backup mechanism to supply water.

MDP MP Ibrahim Mohamed Didi contended that the crisis could have been averted if the fire and rescue service of the Maldives National Defence Force (MNDF) properly carried out its responsibilities.

The MNDF could have conducted a ‘fire audit’ of the Malé Water and Sewerage Company (MWSC) at least once a month in the interest of national security, the retired brigadier general said.

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Government scraps plan to impose import duty on staple foodstuff

The government has reversed its decision to impose a 10 percent import duty on staple foodstuff such as rice, flour, wheat and sugar, Minister of Tourism Ahmed Adeeb has revealed.

“Emergency economic council meeting ongoing where President [Abdulla] Yameen has just decided not to impose any duty on sugar, rice, flour (staple foods),” the council’s co-chair tweeted this morning.

Speaking at a press conference at the President’s Office later today, Adeeb said parliament and the Progressive Party of Maldives’ parliamentary group have since been informed of the decision.

“The president’s decision was made in light of requests from a lot of people as well as the current situation [with the capital’s water crisis] we are faced with,” he said.

Finance Minister Abdulla Jihad told parliament’s budget review committee last month that the government anticipated MVR533 million (US$34.5 million) in additional income from import duties.

The new duties were to represent 15 percent of the new revenue anticipated in the 2015 budget.

Revising import duties

Revising import duties was among several revenue raising measures in the record MVR24.3 billion (US$1.5 billion) state budget for 2015 currently before parliament.

Government-sponsored amendments (Dhivehi) to the Export-Import Act – which proposed raising custom duties from the current zero rate to 10 percent for staple foodstuffs – were subsequently submitted to parliament last month.

Scrapping plans to levy import duties on staple foodstuff from October 2015 was meanwhile among several amendments submitted to the budget by opposition Maldivian Democratic Party (MDP) MPs last week.

The minority party has issued a three-line whip for its MPs to vote against the budget if none of the proposed revisions are passed.

During last month’s parliamentary budget debate, opposition MPs strongly criticised the proposed tax hikes, contending that the burden of higher prices of goods and cost of living would be borne by the public.

The current administration’s economic policies – such as waiving import duties for construction material imported for resort development as well as luxury yachts – benefit the rich at the expense of the poor, MDP MPs argued.

In addition to a 10 percent tariff for oil, the government’s amendment bill also proposed raising custom duties for tobacco from 150 to 200 percent and raising the duty for a single cigarette to MVR1.25.

Additionally, a 20 percent custom duty would be imposed for luxury cosmetics and perfume and a 200 percent custom duty for land vehicles such as cars, jeeps, and vans.

The forecast for additional revenue for the 2015 budget was MVR3.4 billion (US$220 million), including US$100 million expected as acquisition fees for investments in special economic zones and MVR400 million (US$25.9 million) from the sale and lease of state-owned land.

The other measures included introducing a green tax of US$6 per night in November 2015 and leasing 10 islands for new resort development.

Tariffs were last revised in April this year after parliament approved import duty hikes for a range of goods proposed by the government as a revenue raising measure.

Targeting subsidies

Adeeb meanwhile told the press today that the government still planned to shift to a model of targeting government subsidies to the needy as part of efforts to consolidate public finances.

In his budget speech to parliament last month, Jihad also revealed plans to revise the electricity subsidy, which he said currently benefits the affluent more than the needy.

Targeting the electricity subsidy to low-income families or households would save 40 percent of the government’s expenditure on the subsidy, Jihad explained, and allow the government to provide a higher amount to the poor.

While Maldivians were not legally required to declare income and assets in the absence of an income tax, Adeeb said today that the National Social Protection Agency (NSPA) currently used criteria for means-testing for subsidies.

Minister of Economic Development Mohamed Saeed meanwhile noted that the International Monetary Fund (IMF) has recommended targeting subsidies and reducing recurrent expenditure to reign in the fiscal deficit.

“The electricity subsidy is one that goes to even the richest strata of society. Basic food subsidies are being enjoyed now by the resorts, and never mind the resorts, are being enjoyed by wealthy foreign visitors who stay at the resorts,” Dr Koshy Mathai, resident representative to Sri Lanka and Maldives, told MPs on the public accounts committee in February.

“That to us seems like a totally unnecessary policy.”

He added that “substantial savings” could be made from the budget by targeting subsidies to those most in need of assistance.

Meanwhile, in May, MMA Governor Dr Azeema Adam called for “bold decisions” to ensure macroeconomic stability by reducing expenditure – “especially the un-targeted subsidies.”

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PPM condemns MDP’s “unlawful” resolution for handover of presidency to JP Leader Gasim

The Progressive Party of Maldives (PPM) has strongly condemned a resolution adopted by the opposition Maldivian Democratic Party’s (MDP) national council yesterday calling for Jumhooree Party (JP) Leader Gasim Ibrahim to assume the presidency as an interim leader.

The ruling party slammed the move as “irresponsible and cowardly” in a press statement released last night.

“At a time when the government is carrying out swift efforts to resolve the water shortage in Malé, this party believes that the [MDP resolution] is an activity planned by the MDP leadership to cause loss of the country’s peace and security as well as the unity among Maldivians at this juncture,” read the statement.

The PPM also characterised the national council decision as an “undemocratic and uncivilised” attempt to topple a legitimately elected government.

The press statement praised the efforts of President Yameen’s administration and the ministerial task force to normalise the water supply crisis in the capital and declared the party’s “full confidence” in the president.

At an emergency session yesterday, the MDP national council voted 36-2 in favour – with four abstentions – of a resolution proposed by former President Mohamed Nasheed to back Gasim as interim president.

Nasheed contended that President Yameen has failed to perform his duties, was “ruling in absentia” and criticised his response to the ongoing water supply crisis.

The government has also failed to curb gang violence, he continued, noting that a 28-year-old man being stabbed to death the previous night.

Asked about the MDP’s resolution at a press conference yesterday, President Yameen said it was up to the people to change the government.

“Handing over the government to the Jumhooree Party leader or MDP’s leader has to be done when there is a vacancy for some reason,” he said.

“I don’t pay much attention to such talk by President Nasheed.”

Yameen claimed that the MDP government sold shares from the Malé Water and Sewerage Company (MWSC) to Japan’s Hitachi Plant Technology for US$16 million after buying it back for US$19 million.

Yameen said he had objected to the sale as an opposition MP at the time.

However, the Nasheed administration sold 20 percent of the company’s shares to Hitachi for US$16 million in January 2010 at US$ 305.90 per share.

In late 2008, the government bought back 24 percent of MWSC share’s from Denmark’s HOH Water Technology for US$19 million at the same share price.

Members of the MDP national council meanwhile noted that President Yameen was elected with the backing of Gasim and the JP.

After initially announcing that the party would remain neutral, the JP’s council decided to endorse Yameen three days before the second round of the presidential polls on November 16 last year. In the first round revote, Gasim had finished in third place with 23.37 percent of the vote.

However, the JP’s coalition agreement with the PPM was severed by the latter after Gasim stood for the post of parliament speaker.

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Nasheed calls for inquiry into MWSC fire

Former President Mohamed Nasheed has called for an inquiry into the fire at the Malé Water and Sewerage Company (MWSC) on Thursday (December 4) that caused the capital’s ongoing water supply crisis.

“We absolutely need an inquiry, an investigation, right now [in order to find out] how this happened,” the opposition leader said at a Maldivian Democratic Party (MDP) rally in Haa Alif Dhidhoo last night.

The public should be duly informed about the efforts of the ministerial task force formed by President Abdulla Yameen to resolve the crisis and given a date for resumption of water supply services, he added.

The MWSC cut off water supply in Malé after underground cables connecting the switch room and generator caught fire, causing damage to the reverse osmosis plant used to produce desalinated water.

Nasheed said the Danish government had advised MWSC to keep 21-days worth of water supply in reserve after completing a project to provide water to Malé.

The water crisis was caused by President Yameen appointing “thug activists” to the MWSC after dismissing experienced and qualified staff at the company, Nasheed contended.

The MDP government had a plan to deal with similar situations as well as natural disasters, Nasheed said, asserting that the crisis would have been resolved in 24 hours under his administration.

Of the 2 meters of annual rainfall in the capital, Nasheed observed that less than half was collected for use.

He went on to express gratitude to police and military officers for their efforts in assisting residents of the capital as well as the Indian government for promptly responding to pleas for assistance.

Referring to reports of foreigners denied water at collection points, Nasheed called on President Yameen to apologise to expatriates residing in the capital.

President Yameen’s “biggest failure” was his administration’s foreign policy, he continued, which he said should not be biased in favour of any particular country.

Nasheed also repeated his criticism of President Yameen “ruling in absentia” and called on the president to disclose his alleged health problems to the public.

Briefing the press this morning, Defence Minister Colonel (Retired) Mohamed Nazim urged the opposition to refrain from “politicising” the crisis.

The Maldives Police Service has meanwhile launched an investigation into the fire incident at MWSC. Commissioner of Police Hussain Waheed has reportedly tasked a special team with the investigation.


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MDA Leader Siyam acquitted of alcohol smuggling charges

Government-aligned Maldives Development Alliance (MDA) Leader Ahmed ‘Sun’ Siyam Mohamed was acquitted of alcohol possession and smuggling charges by the Criminal Court on Thursday (December 4).

Chief Judge Abdulla Mohamed found the resort tycoon not guilty on the grounds that due process was not followed in accordance with the Maldives Customs Act.

The MP for Dhaalu Meedhoo was charged with smuggling and possession of alcohol in November 2013 after a ‘Johnny Walker Black’ bottle was found in his luggage at the airport upon returning from Sri Lanka in March 2012.

In June, two witnesses for the prosecution testified to finding a bottle of alcohol in Siyam’s luggage.

While the customs officers testified that they discovered the bottle when Siyam’s bag was screened, a Maldives Airports Company Ltd (MACL) staff member who handled the luggage said they were unaware of its contents prior to screening.

However, Siyam’s lawyer argued that the MP was being framed, noting that according to the prosecution’s witnesses the luggage was not searched in his presence.

Following multiple delays and cancellations of hearings, Chief Judge Abdulla Mohamed took over the case from Judge Ahmed Sameer Abdul Aziz in May after Siyam claimed the latter’s “hand gestures and facial expressions” indicated a personal grudge against him which could lead to an unfair trial.

Siyam wrote to both the chief judge and the Supreme Court requesting the removal of Judge Sameer from his case.

Responding to criticism of the court for providing preferential treatment to the coalition leader, Judge Abdulla declared at a ceremony in September that the court would provide VIP treatment and escort persons facing trial in and out through the back door in circumstances where it sees fit.

Siyam was reportedly escorted in and out of the backdoor when he arrived at the court for a trial date and was also seated in a separate area.

The penalty for alcohol possession in the penal code is either a fine of between MVR1,000 to MVR3,000 or imprisonment, banishment or house arrest for up to three years.

Under Article 73 of the constitution, an MP convicted of a criminal offence and sentenced to more than one year in prison will lose his or her seat in parliament.

Siyam’s MDA formed an alliance with the now-ruling Progressive Party of Maldives (PPM) in August to back PPM presidential candidate Abdulla Yameen.

In March 2012, an audio clip of a conversation between Siyam and Yameen was leaked on social media, in which the pair aired grievances against PPM leader and former President Maumoon Abdul Gayoom.


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MDP, JP MPs propose 19 amendments to 2015 budget

Opposition Maldivian Democratic Party (MDP) MPs and Jumhooree Party (JP) MPs submitted 19 amendments at yesterday’s sitting of parliament to the record MVR24.3 billion (US$1.5 billion) state budget for 2015.

Among the MDP’s nine amendments were scrapping plans to impose a 10 percent import duty on staple foodstuff and oil and allocating MVR100 million (US$6.4 million) and MVR75 million (US$4.8 million) respectively to provide subsidies for fishermen and farmers.

Other proposals included adding persons with disabilities and single parents as categories eligible for government subsidies to the poor and requiring the finance ministry to submit quarterly reports to parliament every three months concerning the implementation of the budget.

The minority party has issued a three-line whip for its MPs to vote against the budget if none of the proposed revisions are passed.

The JP’s 10 amendments meanwhile included providing MVR50 million (US$3.2 million) in subsidies to fishermen and MVR40 million (US$2.5 million) to farmers, ensuring sufficient funds for local councils and allocating MVR5 million (US$324,254) out of the contingency budget for local NGOs that provide education and training to persons with special needs.

The party also proposed conducting a survey to determine discrepancies in salary and allowances among state employees.

The 19 amendments were proposed after Progressive Party of Maldives (PPM) MP Ahmed Nihan – chair of the budget review committee – presented a report prepared by the committee following its review process

While the committee had passed the budgetlast week without significant changes to revenue or expenditure, pro-government MPs proposed a number of recommendations to reduce recurrent expenditure.

However, amendments proposed by MDP and JP MPs during the budget review process did not pass at the committee.

Reflecting its combined 48-seat majority in the 85-member house, PPM and coalition partner Maldives Development Alliance MPs held a voting majority on the committee.

During yesterday’s debate on the budget committee report, JP Leader Gasim Ibrahim warned that introducing new taxes could damage the economy and the tourism industry.

The business tycoon claimed that Seychelles and Mauritius “went bankrupt” when tourists stopped visiting due to excessive taxation.

Occupancy rates at Maldivian resorts declined in November as a result of imposing the reintroduced US$8 bed tax along with a 12 percent Tourism Goods and Services Tax (T-GST), Gasim contended.

Industry insiders recently told Minivan News that the high-end resorts would struggle to deal with any additional taxation following the recent rise of T-GST.

According to the Maldives Monetary Authority’s monthly economic review for October, however, the occupancy rate during the month remained unchanged at 81 percent compared to the same period last year.

In October 2014, total bednights rose marginally in annual terms while the average duration of stay decreased slightly and stood at 6.0 days,” the central bank noted.

Gasim meanwhile said the JP would vote for the budget despite misgivings, which included lack of funds for establishing pre-schools and insufficient funds allocated for independent institutions and the judiciary.

Adjourning yesterday’s sitting, Speaker Abdulla Maseeh Mohamed announced that the amendments would be put to a vote next Tuesday ahead of a final vote on the 2015 budget.

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Islamic minister dismisses rumour of President Yameen not performing Hajj

Minister of Islamic Affairs Dr Mohamed Shaheem Ali Saeed has dismissed rumours of President Abdulla Yameen not performing the Hajj pilgrimage despite traveling to Saudi Arabia in September.

Asked to address the speculation during minister’s question time at yesterday’s sitting of parliament by opposition Maldivian Democratic Party (MDP) MP Ibrahim Shareef, Shaheem suggested the rumours were being spread by former President Mohamed Nasheed, who he said was unable to make the pilgrimage while in office.

“The president of the Maldives made the Hajj [pilgrimage]. As you know, he was supposed to go the UN assembly but went to Hajj after cancelling it,” he said.

He claimed that former President Nasheed declined an opportunity to perform the pilgrimage during his tenure and had sent the first lady instead.

Shaheem was state minister for Islamic affairs under the Nasheed administration.

Nasheed’s remarks concerning President Yameen’s Hajj pilgrimage “opens the door for others to talk further about the things they have done,” Shaheem said.

“So I think it would be better to stay quiet without going around talking about such personal matters,” he said.

In an interview with Minivan Radio last week, Nasheed repeated calls for President Yameen to publicly address speculation concerning the trip to Saudi Arabia and his health.

The opposition leader referred to former President Mohamed Ameen informing the public about his health in a letter sent from Sri Lanka to the Maldivian parliament.

Nasheed claimed that according to close associates President Yameen was unable to perform rituals at Arafat due to poor health.

He implied that the source of the rumours was government-aligned Maldives Development Alliance (MDA) Leader Ahmed Siyam Mohamed, who accompanied the president to Saudi Arabia.

The public deserved to know the truth about the president’s health as speculation creates fear and doubt, he added.

Following numerous unofficial trips to Singapore by President Yameen this year, President’s Office Spokesperson Ibrahim Muaz Ali denied rumours that the president underwent brain surgery in Singapore.

“Rumours being spread about the president’s health are false,” he tweeted on October 23.

Nasheed meanwhile contended that President Yameen was ruling “in absentia” or away from the public eye.

If the president is “incapacitated” and could not execute the duties of his office, Nasheed said the Constitution requires the vice president to assume the president’s powers.

In late October, an anonymous senior government told newspaper Haveeru that the MDP were using areca palm trees planted in Malé by the city council for black magic to curse President Yameen with ill health.

A close associate of President Yameen told the newspaper that the president did not seek treatment for a brain tumour.

Instead, the associate claimed, the president sought treatment for infections caught during his Hajj pilgrimage and had to be admitted at a Singapore hospital.

The anonymous government official said the president’s close associates believe that black magic or sorcery using the palm trees were responsible for the president’s ill health.

“[They] believe that [President Yameen’s] health worsens with every palm frond that falls off the areca palm trees. And that his health would worsen further with every tree that blossoms,” the anonymous official was quoted as saying.


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PPM signals support for reappointing Supreme Court bench

The Progressive Party of Maldives (PPM) signalled the majority party’s support today for reducing the number of Supreme Court Justices from seven to five as proposed by opposition Maldivian Democratic Party (MDP) MP Ibrahim Shareef.

During preliminary debate on amendments (Dhivehi) submitted by Shareef to the Judicature Act, Majority Leader Ahmed Nihan said he believed all ruling party MPs would support the proposal, but a decision would be made following discussions at a parliamentary group meeting.

“The work of reforming the judiciary is not something that the PPM has not participated in or stayed away from,” said the PPM parliamentary group leader.

All pro-government MPs subsequently voted in favour of the bill, which was accepted for consideration with 43 votes in favour and 22 against.

Last week, the MDP’s national executive council decided not to support Shareef’s bill with former President Mohamed Nasheed warning that it would allow President Abdulla Yameen to appoint a bench biased in favour of PPM.

The opposition leader told the press that changing the number of judges on the Supreme Court bench would not amount to judicial reform.

Presenting the amendment bill at today’s sitting, Shareef said he believed the number of judges on the apex court was too high for a country the size of the Maldives.

The Supreme Court should maintain “legal consistency” or “uniformity” in its rulings, the MP for Addu Maradhoo said.

Confidence in the judiciary from both the Maldivian public as well as local businesses and foreign investors was essential to ensure development, he added.

Shareef also proposed establishing branches of the High Court in the north and south of the country.

MDP divisions

MDP MP ‘Reeko’ Moosa Manik – who has announced his intention to contest in the MDP’s 2018 presidential primary – appealed for pro-government MPs to cooperate with the party’s efforts to reform the judiciary.

The PPM together with coalition partner Maldives Development Alliance has a majority of 48 seats in the 85-member house.

The current Supreme Court bench was appointed as a “shameful” political “bargain” between the MDP and then-opposition parties in 2010, Moosa said, noting that the MDP did not have a majority in the 16th People’s Majlis.

Moosa criticised Chief Justice Ahmed Faiz Hussain for swearing in former President Dr Mohamed Waheed following a “coup d’etat” on February 7, 2012 and for remaining silent while MDP MPs were unfairly stripped of their parliament seats.

Nihan meanwhile praised both Shareef and Moosa and suggested that the number of judges on the apex court was worth reconsidering.

Shareef was a “rare” politician, Nihan said, and defended Moosa for forming a ‘people’s court’ during street protests, which was part of the former MDP chairperson’s advocacy for judicial reform.

“If MDP members think about it, if there is one member in MDP’s front rank who wishes well for the nation, I don’t doubt at all that it is the honourable Hulhuhenveiru MP Moosa Manik,” Nihan said.

Nihan suggested that MDP MPs voting against the amendments would be against the party’s principles.

However, Minority Leader Ibrahim Mohamed Solih said he respected Shareef and Moosa, but the MDP’s national executive council has decided not to support the bill.

“So that is the MDP’s stand about this amendment,” he said.

Moosa had reportedly walked out of the national council meeting and pledged to stand behind Shareef.

Constitutional?

Jumhooree Party Leader Gasim Ibrahim meanwhile contended that the proposed revisions were unconstitutional as Supreme Court Justices were appointed for life.

The Constitution specifies the process for removing judges, Gasim continued, and it could not be done by amending laws.

Gasim also criticised Speaker Abdulla Maseeh Mohamed for tabling the bill in the agenda, claiming that a controversial amendment submitted by the PPM requiring the reappointment of the auditor general was also tabled in spite of parliament’s counsel general advising that it could not be put to a vote.

While the MDP had also insisted that the amendments were unconstitutional, MPs Shareef and Moosa were among several MDP MPs who voted in favour of appointing former PPM parliamentary candidate Hassan Ziyath as the new auditor general.

Meanwhile, in June this year, the Judicial Service Commission cleared Supreme Court Justice Ali Hameed of misconduct after sex tapes of the judge with three prostitutes in a hotel room in Sri Lanka emerged last year.

The room and date stamp in the sex tapes appeared to be the same as that in previously leaked footage of Hameed meeting local businessman Mohamed Saeed, the director of ‘Golden Lane’.

In that video, Hameed declared that he was one of then-PPM presidential candidate Abdulla Yameen’s “back-ups”, and that his stand was “to do things the way Yameen wants”.

Images and symbols depicting scenes from the sex-tape formed a prominent part of the MDP’s protests against the apex court’s repeated interference in last year’s presidential election.

In a controversial 4-3 ruling – with Justice Hameed in the majority – the Supreme Court annulled the results of the first round of the polls conducted on September 7 despite unanimous positive assessment of the polling by more than a thousand domestic and international election observers.


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